HEMANTH KUMAR S. G Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are residents of Soppinahatti, Sira Taluk. Their grievance is with respect to the reservation provided to Wards No.9, 17 and 24 of the Sira City Municipal Council (hereinafter referred to as 'CMC, for short).

(2.) Learned Senior Counsel Sri Jayakumar S.Patil, appearing for the petitioners would submit that Sira CMC was established in the year 2007 and the reservations that were provided for the Councilors in the year 2007 was repeated in the year 2013, in terms of the directions given by the Hon'ble Supreme Court of India. Thereafter during the year 2018 when reservations were announced, several persons being aggrieved by the reservations provided to various wards of Sira CMC approached this Court in W.P.Nos.40746-750/2018. This Court by a common order dated 14.01.2019 in W.P.No.44499/2018 and connected matters, set aside the notification dated 30.07.2018 in its entirety in the light of repetition and for being in violation of the principles stated therein. Thereafter, a draft notification dated 21.01.2021 was issued and the same was again questioned before this Court in W.P.No.2736/2021. This Court by order dated 09.02.2021 observed that the notification was still in the draft form and there was scope for the respondent-authorities to consider the objections that were filed by the petitioners and therefore, disposed of the said writ petition directing the State Government and the Deputy Commissioner to consider the objections filed by the petitioners before finalizing the draft notification.

(3.) The learned Senior Counsel would submit that in the draft notification in respect Ward No.9 what was proposed to be reserved was General (Woman) category and the very same category has been finalized, without considering the objections filed by the petitioners. Insofar as Ward No. 17 is concerned, in the notification of July 2018 what was reserved was BCA-Woman and in the draft notification dated 21.01.2021 what was proposed to be reserved was General category and what is now reserved in the final notification dated 16.03.2021 is BCB category. In respect of ward No.24 in the final notification of July 2018 what was reserved was General Category, in the draft notification dated 21.01.2021 what was proposed to be reserved was General (Woman) and the same has been finalized in the impugned notification dated 16.03.2021.